Law: Penal Code (XLV of 1860)

Section: 302, 326, 44

Penal Code (XLV of 1860) S. 302/326 Murder-Sentence-Chance encounter between accused and deceased-Accused firing a single shot despite having opportunity to fire more shots-Shot aimed only at legs---Act suggestive of absence of intention to cause death-Sentence of 7 years' R. I. under SS. 326 maintained-Trial Court omitting to award compulsory punishment of fine required as compensation under S. S44-A, Cr: P. C.-Fine of Rs. 1,000 imposed by High court in revisional jurisdiction. Date of bearing: 30th January 1973.                                                                                                                        JUDGMENT Dost Muhammad aged 30 years, an employee of the railway at Kundian, District Mianwali has appealed against his conviction under section 326, P.P.G, and sentence of rigorous imprisonment for seven years. A revision petition has been filed by Muhammad Ramzan, the complainant, which has been admitted to hearing with the appeal. The relief sought is the enhancement of the sentence under section 326, P.P.C. from seven years' rigorous imprison ment to one of transportation for life. This judgment disposes of the appeal as well as the revision. 2. The prosecution case against the appellant is that he had a vicious dog which he used to let loose. Nur Muhammad (P. W. 12), a brother of the deceased, was his neighbour and had been the victim of it. Once Sher Muhammad, his nephew, -was bitten by the dog, then his daughter on 30-4-67 and finally Noor Muhammad himself. When he was bitten he had lodged a report with the police on Ist of May 1967 after getting himself medically examined for the injuries and had ultimately instituted a complaint case on which the appellant was convicted under section 289, P.P.C. and sentenced to a fine of Rs. 100 or in default to undergo rigorous imprisonment for one month, only a day before the occurrence…